Document Type : Original Article
Authors
1
PhD Student in Public Law, Department of Law, Qom Branch, Islamic Azad University, Qom, Iran
2
Hossein Javan Arasteh, Associate Professor, Department Of Public Law, Qom University And Research Institute, Qom, Iran. (Responsible Author)
3
Assistant Professor of Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran. Visiting Professor, Department of Law, Hozeh Research Institute and Qom University, Iran.
Abstract
Among the issues that have been raised in the field of government ownership in recent years in the iranian legal system is the discussion of the principles and reasons for municipal ownership, which can be discussed in the light of the basic theories of administrative law about the government. The two fundamental theories of public power and public service, which are rooted in french administrative law and, of course, can also be found in islamic law, form the basis of this analysis. The purpose of explaining the present issue is to determine whether the municipality is allowed to own property due to privileges outside of private rights or whether it has such a mission due to serving the people. The research method in this article is descriptive-analytical. The result is that the municipality is allowed to own due to public power, but the purpose of this institution is to serve the people. In fact, public power is a tool that should not be abused and the municipality and the acquiring institutions should use it when necessary and in order to advance the goals of the administration. The goal, however, is to advance the goals of the organization with the aim of providing decent services to the people.
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